THE Charity Commission is probing the legality of a plan to create a new school building in Hopwood.

THE Charity Commission is probing the legality of a plan to create a new school building in Hopwood.

The watchdog has been asked by Peter Clare, former chairman of the Hopwood Community Development Forum, to look into Hopwood Primary School's proposal for a before and after-school club.

The school already has planning permission for a portable cabin at the side of present school buildings. But Mr Clare claims the school, and Rochdale Council as education authority, would be in breach of the deeds of Hopwood Recreation Ground if any building there was just for school use.

"The Rec was a charitable gift by the Hopwood family to the people of Hopwood. The local authority is only the trustee," said Mr Clare, who now lives in Shropshire.

"It cannot build what it wants on the Rec."

"Under the terms of its deeds, Hopwood and Heywood people should have free and unrestricted access. If this project by Hopwood Primary School is for the school and controlled by the school then that will not be the case."

The Commission has confirmed it is looking into the matter and has asked to see the deeds.

But deputy head teacher Chris Jones stressed any building would not be just for the school.

"Community use would be part of it. I can't understand where Peter Clare is coming from. The building would belong to the school but would be available for the local community to have access."

Demand from parents forced the launch of a before and after-school club in the current school building last September. But inconvenience to staff and pressure of space means the school is still pushing ahead with its new building plan.

The cabin would encroach just five metres onto Hopwood Rec land.

"It is a patch of rough land at the side of the school which is not used," said Mr Jones.

The Hopwood Community Development Forum was set up by Hopwood Community Association in the late 90s to try to get National Lottery cash for a community building on the Rec. This fell through and discussions took place with the school about creating a joint venture.

This broke up acrimoniously in November 2002 and the development forum has not been active since because the meeting was adjourned without any officers being appointed.